TORONTO, March 30 /CNW/ - Firm Capital Mortgage Investment Trust (the
"Trust") (TSX: FC.UN) announced that, as its existing rights plan will
terminate on April 26, 2009, the Board of Trustees (the "Board") of the Trust
has adopted a Unitholder Rights Plan (the "Rights Plan") effective as of the
termination of the existing plan. The purpose of the Rights Plan is to provide
all Unitholders with an equal opportunity to share in any premium paid and to
participate on an equal basis upon an acquisition of control, and to allow
both the Unitholders and the Board adequate time to assess a take-over bid
made for units of the Trust and to allow a reasonable period of time for the
Board to explore and develop alternative courses of action in an attempt to
maximize Unitholder value. The Rights Plan was adopted in anticipation of the
termination of the existing rights plan and was not adopted in response to, or
in anticipation of, any pending, threatened or proposed acquisition or
take-over bid.
At the Trust's annual and special meeting scheduled to occur on May 20,
2009, Unitholders will be asked to ratify the adoption of the Rights Plan. To
be effective, this resolution must be passed by at least a majority of the
votes cast by (a) all Unitholders and; (b) all Unitholders other than (i) any
Unitholder that, directly or indirectly, on its own or in concert with others,
holds or exercises control over more than 20% of the outstanding voting shares
of the Trust, if any; and (ii) the associates, affiliates and insiders of any
Unitholders referred to in (i) above ("Independent Unitholders"). As of the
date hereof, the Trust believes that all Unitholders are Independent
Unitholders. If the Rights Plan is not ratified by Unitholders, the Rights
Plan will terminate at 5:00 p.m. (Toronto Time) on the date of the meeting. A
copy of the Rights Plan will be available on the SEDAR website at
www.sedar.com.
About the Trust
The Trust, through its Mortgage Banker, Firm Capital Corporation, is a
non-bank lender providing residential and commercial short-term bridge and
conventional real estate financing, including construction, mezzanine and
equity investments. The Trust's investment objective is the preservation of
Unitholders' equity, while providing Unitholders with a stable stream of
monthly distributions from investments. The Trust achieves its investment
objectives by pursuing a strategy of growth through investments in selected
niche markets that are under-serviced by large lending institutions. Lending
activities to date continue to develop a diversified mortgage portfolio,
producing a stable return to Unitholders. Full reports of the financial
results of the Trust for the year are outlined in the audited financial
statements and the related management discussion and analysis of Firm Capital,
available on the SEDAR website at www.sedar.com.